Cheema v Jones & Ors

Cheema v Jones & Ors

The new partnership formed on 1 July 2016 was a partnership at will, not governed by the April Agreement, as the parties intended to enter into a new agreement and the new partners did not agree to be bound by the old terms. The partnership at will was validly dissolved by notice.

Parties
Appellant: Dr. Samrath Singh Cheema; Respondent: Dr. Stephen Jones; Respondent: Dr. Reshma Rasheed; Respondent: Dr. Mita Roy; Respondent: Dr. Meenakshi Rawal
Jurisdiction
England and Wales
Judgment Date
02 November 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Partnership at Will, Novation, Dissolution of Partnership, Injunctive Relief, Just and Equitable Winding Up
Partnership Law Commercial Law Partnership at Will Novation Dissolution of Partnership Injunctive Relief Just and Equitable Winding Up

Case Brief

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Parties

Dr. Samrath Singh Cheema

Appellant

Dr. Stephen Jones

Respondent

Dr. Reshma Rasheed

Respondent

Dr. Mita Roy

Respondent

Dr. Meenakshi Rawal

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the new partnership formed on 1 July 2016 was a partnership at will or governed by the April Agreement
  2. 2 Whether the new partners acceded to the partnership on the existing terms of the April Agreement
  3. 3 Whether the partnership was validly dissolved by notice

Ratio Decidendi

The new partnership formed on 1 July 2016 was a partnership at will, not governed by the April Agreement, as the parties intended to enter into a new agreement and the new partners did not agree to be bound by the old terms. The partnership at will was validly dissolved by notice.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The partnership at will was validly dissolved by notice.